If you are charged with assault in Rochester, you may be wondering if the offense is serious. State law defines many different assault crimes, and some of them carry more severe penalties than others. Because assault is always a violent offense and a conviction for an assault crime could impact the rest of your life, even after the sentence has been served, it is generally a good idea to speak with a Rochester assault lawyer to learn more about your options for defense. By working with an experienced criminal lawyer, you could effectively fight the charges to protect your rights and your future.
Overview of Assault CrimesThe term “assault” is often used with the word “battery.” Under traditional criminal law definitions, an assault is considered an attempt or threat to hurt someone while battery occurs when someone carries out the threat or completes an attempt, making harmful or offensive contact with the body of another person. Hitting someone would be a battery while throwing a punch and missing would be considered an assault.
Often these crimes are prosecuted together, so when someone refers to assault, they may be speaking of an attempt to cause harm, a threat to harm, or actual harmful contact. If an assault causes serious harm or involves other aggravating circumstances, it is penalized more severely. An assault attorney in Rochester could review the details of a case to determine how best to defend against these allegations.
Misdemeanor AssaultMich. Comp. Laws §750.81 describes the penalties for some of the assault offenses treated as misdemeanors. Someone convicted of a simple assault and battery may be sentenced to up to 93 days in jail and a fine as high as $500. A Rochester assault attorney may be able to seek alternative penalties.
Felony AssaultAn assault scenario may be treated as a felony when the situation includes certain factors. If an individual assaults another with a dangerous weapon but acts without the intent to cause murder or “great bodily harm,” then under Mich. Comp. Laws §750.82, the offense is punishable by up to four years in prison and a fine as high as $2,000. If the individual is found to have committed assault with the intent to murder, they may be sentenced to life in prison. Additionally, those who assault someone performing official duties, including public utility employees, police officers, and representatives of the family independence agency, may be charged with felony assault with enhanced penalties.
Work With an Experienced Rochester Assault AttorneyThe circumstances surrounding an alleged assault situation make a tremendous difference in the severity of an offense. An individual’s intent is often one of the most important factors in the case.
It is wise to seek and preserve evidence that can show that you did not act with the intent to cause serious harm or even any harm at all. A Rochester assault lawyer could start gathering and preserving valuable evidence right away while it is most readily available. To get started with a consultation and explore your potential defenses, call now.